Injured In A Construction Accident?
At Riddle & Brantley, we specialize in handling cases involving construction accidents. Our attorneys are familiar with the federal and state regulations specific to these types of claims and can help navigate these laws to help you recover compensation for your losses.
There are a number of complex issues that pertain to construction accident lawsuits, so it is very important to contact an attorney who has experience handling these types of cases. Our lawyers have handled workplace and personal injury cases for many years and have the resources to fight against any insurance company who tries to deny the compensation you deserve.
Why Should I Contact a Construction Accident Attorney?
According to the U.S. Occupational Safety and Health Administration (OSHA), three of the most common workplace safety violations occur on construction sites. If you have been injured on a construction site, it’s important to contact an attorney to help with your injury claim.
After a construction site accident, you may be able to collect compensation through a workers compensation claim against your employer. If another company or person caused your injuries, then you could also file a personal injury lawsuit against this third party. At Riddle & Brantley, LLP, we have two North Carolina State Bar Certified Specialists in Workers’ Compensation ready to help you. Our construction accident lawyers have a history of success with complex workers comp and third party claims. In one case, our legal team obtained a settlement of $2.475 million for a welder who fell from a construction platform and sustained a disabling brain injury. This case took several years to resolve. Our bilingual staff members were invaluable in coordinating our efforts with the victim, an undocumented worker, and his family, who were all Spanish-speakers.
Types of Construction Accident Claims and Lawsuits
If you were injured on a construction site, you may be able to pursue one or more of the following claims with the help of an attorney:
Workers’ Compensation: Typically, an injured employee may not bring a suite against their employer because they are entitled to benefits provided by workers’ compensation insurance. A worker pursuing workers’ compensation benefits needs to prove only that an injury occurred, irrelevant of any surrounding circumstances.
If the claim is accepted, the worker will be entitled to receive workers’ compensation benefits. Workers’ compensation claims may be brought in addition to claims against other parties to maximize recovery of damages.
Personal Injury: In a personal injury lawsuit, the worker must prove that a third party was negligent and it led to their injury.
Product Liability: If the injury was caused by a defective product, the injured party can bring a suit against any party in the distribution chain. For example, if a drill used on a construction site fails due to a defect and causes an injury, the injured party may be able to recover compensation from the retailer, wholesaler, manufacturer, or any other party in the distribution chain.
Wrongful Death: If a worker is killed on the job, his or her family may be able to bring a wrongful death claim on their loved one’s behalf.
Common Causes of Construction Accidents
Construction accidents can occur for a number of reasons. OSHA requires employers to obtain permits, conduct regular inspections, and implement job safety programs to prevent workplace accidents. Negligence, product defects and failure to adhere to safety policies and procedures can result in avoidable accidents.
Some of the leading causes of construction accidents include:
- Poor safety precaution;
- Insufficient training;
- Hoist accidents;
- Harness accidents;
- Crane accidents;
- Collapsed structures;
- Improper use or maintenance of equipment;
- Mechanical hazards;
- Compressed gases;
- Exposure to toxic substances;
- Slips and falls;
- Falls from high elevations;
- Defective equipment;
- Fires and explosions;
- Misuse of tools;
- Falling objects;
- Welding accidents;
- Electrical accidents.
Who Is Liable for Construction Accident Injuries?
If an employer carries workers’ compensation insurance, they are typically provided immunity from personal injury lawsuits. Workers’ compensation does not bar lawsuits against employers if the injury was intentional or egregious; however, it is more common to file claims against a third party.
Construction Site Owner(s): In these cases, liability typically hinges on the degree of control the owner has over the premises, compared to the degree of control over the work being conducted itself.
General and Sub-Contractors: Under OSHA, both general contractors and sub-contractors have the duty to provide workers with a safe construction site, warn of hazards at the site or with the job itself, and ensure the work is being performed properly according to OSHA safety regulations. When an injury occurs, the failure of a contractor or subcontractor to perform these duties may allow an injured worker to seek compensation for their losses.
Prime Contractors: Prime contractors are responsible for work that is identified in their contract, or for any work they delegate to subcontractors so long as they have exclusive responsibility for such subcontractors.
Architects and Engineers: In some cases, architects and engineers have a duty to observe progress and ensure compliance with plans and code regulations. To determine whether an architect or engineer may be liable for an injury, it is necessary to establish which duties were outlined by their contract with the construction company.
Manufacturers, Retailers, Wholesalers: Any party in the chain of distribution of a defective product, including manufacturers, retailers, and wholesalers, may be held liable for an injury caused by their defective product.
Can an Attorney Help Me Recover Damages from a Construction Accident?
Construction accidents often cause severe physical, financial, and psychological pain for victims and their families. Reoccurring medical bills, dealing with a serious injury, and permanent injuries can all have a significant impact on a person’s life. By filing a lawsuit against the negligent party, an attorney may be able to help an injured worker recover:
- Medical expenses;
- Loss of wages;
- Physical therapy;
- Property damage;
- Living expenses;
- Pain and suffering;
- Loss of consortium for widows or widowers.
At the North Carolina law offices of Riddle & Brantley, LLP, our team of lawyers has a history of success with both workers comp claims and personal injury lawsuits involving construction accidents. For more than 30 years we have been helping to protect the rights of injured workers throughout North Carolina from office locations in Goldsboro, Raleigh, Kinston and Jacksonville.
Our law firm provides comprehensive legal solutions to injured workers across the entire state, and elsewhere when needed. If you cannot come to us, then we can meet with you in your home or the hospital to discuss the specifics of your accident.
To learn more, contact us today by calling us toll free at (800) 525-7111 or contact us online. Our representatives are available in real time 24 hours a day, 7 days a week.